Valencia v. Livingston et al

Filing 43

ORDER OVERRULING PLAINTIFFS OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGES REPORTS AND RECOMMENDATIONS. Signed by Judge Ron Clark on 9/30/14. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
YSIDRO VALENCIA

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VS.

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BRAD LIVINGSTON, ET AL.

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CIVIL ACTION NO. 9:13-CV-212

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORTS AND RECOMMENDATIONS
Plaintiff Ysidro Valencia, a prisoner previously confined at the Eastham Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of
this court. The Magistrate Judge recommends denying plaintiff’s motions for default judgment.
The court has received and considered the Reports and Recommendations of United States
Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the
Magistrate Judge’s Reports and Recommendations. Plaintiff also filed a motion to reconsider his
motion for default judgment.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the
objections are without merit.

ORDER
Accordingly, plaintiff’s objections (document nos. 32 and 40) are OVERRULED. The
findings of fact and conclusions of law of the Magistrate Judge are correct, and the reports of the
Magistrate Judge (document nos. 24 and 34) are ADOPTED. Plaintiff’s motions for default
judgment (document nos. 18 and 33) are DENIED. Plaintiff’s motion to reconsider his motion for
default judgment (document no. 26) is DENIED.
So ORDERED and SIGNED this 30 day of September, 2014.

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Ron Clark, United States District Judge

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